New Hampshire Code of Administrative Rules
Eth - Executive Branch Ethics Committee (See RSA 21-G:32 pursuant to 2006, 21:3, effective 6-2-06.)
Chapter Eth 200 - RULES OF PRACTICE AND PROCEDURE
Part Eth 204 - PRESIDING OFFICER; RECUSAL OF COMMITTEE MEMBERS AND WAIVER OF RULES
Section Eth 204.01 - Presiding Officer

Universal Citation: NH Admin Rules Eth 204.01

Current through Register No. 40, October 3, 2024

(a) All hearings conducted by the committee shall be presided over by the chair of the committee serving as a presiding officer. In the event that the chair is, for any reason, not available, the vice chair shall serve as presiding officer. If the vice chair is, for any reason, not available, a member of the committee shall serve as presiding officer.

(b) A presiding officer shall, as necessary to develop a complete record and provide a full and fair proceeding:

(1) Regulate and control the course of the hearing;

(2) Facilitate an informal resolution of the hearing;

(3) Administer oaths and affirmations;

(4) Receive evidence at hearings and exclude irrelevant, immaterial, or unduly repetitious evidence;

(5) Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;

(6) Along with other committee members, question any person who testifies so as to fully develop a record;

(7) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and

(8) Take any other action consistent with applicable statutes, rules, and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

(c) The presiding officer shall, after consultation with the committee to the extent practicable, rule on all non-dispositive procedural motions. If the presiding officer determines that the action requested in a motion is not procedural in nature or could have the effect of determining the outcome of the matter in whole or in part, the presiding officer shall refer the motion to the committee for its decision.

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